Defense Needs to Return Evidence, Prosecution Says

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On June 26, the prosecution in a 2015 murder case reminded a judge that they have not received any testing results or evidence back from the defense. 

Gary Proctor allegedly shot his cousin Jerome Diggs on the 1300 block of First Street, SW. Proctor is charged with second-degree murder while armed. 

Even though the prosecution decided that it would not test DNA from a blanket, pillow and the victim’s clothing, a judge ordered all items, including five cell phones, be turned over to the defense for testing in 2016.

According to court documents, Diggs, 47, told two witnesses that Proctor, 40, shot him. Diggs died shortly after. One witness said the shooting occurred because Diggs refused to allow Proctor to sell drugs outside of his house.

Apparently, there was an incident a few weeks before the shooting where Proctor and his father assaulted Diggs and his nephew.

 A status hearing is scheduled for Aug. 15, where the judge expects to set a trial readiness date for the case.

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